NALA ACP Criminal Litigation flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Allocation decision

The magistrates' decision whether an either-way offence is tried summarily or committed to the Crown Court, considering the sentencing powers of the court and the seriousness of the offence.

Either-way offence

An offence triable either in the magistrates' court or the Crown Court, such as theft or assault occasioning actual bodily harm, requiring an allocation decision.

Indictable-only offence

A serious offence such as murder, robbery, or rape that must be tried in the Crown Court; the magistrates' court sends the case directly under s.51 Crime and Disorder Act 1998.

Summary-only offence

An offence triable only in the magistrates' court, such as most road traffic offences, with a statutory maximum of six months' imprisonment and/or an unlimited fine.

Plea before venue

The procedure under s.17A Magistrates' Courts Act 1980 where the accused indicates a plea before allocation; a guilty plea means summary trial and sentence in the magistrates' court.

Initial disclosure

Prosecution service of the case for the prosecution and unused material schedules after a not guilty plea, as required by the Criminal Procedure and Investigations Act 1996.

Defence statement

A written statement served by the defence setting out the nature of the defence, the matters of fact in issue, and any points of law, under s.5 CPIA 1996.

Unused material

Material obtained by the prosecution during the investigation that is not relied on as evidence, recorded on schedules as sensitive or non-sensitive and subject to disclosure duties.

Public interest immunity

A ground on which the prosecution may withhold sensitive material from disclosure, subject to the court's determination by way of a special counsel procedure if necessary.

Hearsay

A statement made out of court adduced as evidence of the truth of its contents, admissible only through a statutory gateway under the Criminal Justice Act 2003.

Section 114 gateway

A residual hearsay gateway permitting admission in the interests of justice, considering the circumstances of the maker and the reliability of the evidence.

Section 116 gateway

A hearsay gateway for unavailable witnesses, covering death, unfitness, absence abroad, fear, and the witness not being identifiable, subject to exclusion.

Bad character

Evidence of misconduct or a disposition towards misconduct, admissible under s.101 Criminal Justice Act 2003 through gateways such as propensity or important matter in issue.

Propensity gateway

The s.101(1)(d) gateway permitting bad character evidence relevant to an important matter in issue between the prosecution and defence, including propensity to commit offences of the same kind.

Section 78 exclusion

The discretion to exclude prosecution evidence where its admission would have such an adverse effect on the fairness of proceedings that the court ought not to admit it.

Confession

Any statement wholly or partly adverse to the maker, admissible as evidence of the truth of its contents unless excluded under s.76 PACE 1984.

Voir dire

A trial within a trial held in the absence of the jury to determine the admissibility of evidence, such as a disputed confession.

Turnbull direction

A special warning to the jury on the dangers of identification evidence, requiring the judge to analyse the circumstances of the identification and any supporting evidence.

Adverse inference

An inference a court may draw from the accused's silence or failure to mention facts later relied on, under ss.34-37 Criminal Justice and Public Order Act 1994.

Legal professional privilege

A privilege protecting communications between a client and legal adviser for the purpose of legal advice, which is not subject to disclosure to the prosecution.

Submission of no case

An application at the close of the prosecution case that there is no case to answer, made where the evidence is insufficient for a reasonable jury to convict.

Application to dismiss

A defence application under s.78A Criminal Justice Act 2003 to dismiss a charge sent to the Crown Court, made within 28 days of service of the prosecution case.

Custody threshold

The statutory test under s.152 Criminal Justice Act 2003 that a custodial sentence is justified only where the offence is so serious that a fine or community sentence cannot be justified.

Guilty plea credit

A reduction in sentence reflecting the stage at which a guilty plea is entered, typically one-third at the first opportunity and reducing thereafter.

Newton hearing

A hearing to resolve disputed facts relevant to sentence where the difference would materially affect the sentence, held without a jury.

Case stated appeal

An appeal to the High Court by way of case stated on a point of law or excess of jurisdiction arising from a magistrates' court decision.

Appeal against conviction

A Crown Court appeal to the Court of Appeal Criminal Division, requiring leave and succeeding where the conviction is unsafe.

Attorney General's Reference

A procedure by which the Attorney General may refer an unduly lenient sentence to the Court of Appeal for review; the offender is not placed in double jeopardy.

Special measures

Directions under the Youth Justice and Criminal Evidence Act 1999 permitting screens, live links, and other measures for vulnerable or intimidated witnesses.

Section 41 restriction

The restriction on cross-examination of a complainant about sexual history, requiring leave of the court under s.41 Youth Justice and Criminal Evidence Act 1999.

Abuse of process

A stay of proceedings where it would be unfair to try the accused because of delay, manipulation, or breach of an assurance, determined by the judge.

Disclosure management

The court's role in setting and enforcing a timetable for prosecution disclosure and defence statements, with sanctions for non-compliance including costs.